Arop Posted January 4, 2013 Report Posted January 4, 2013 Helo Friends, My empolyer filed labor in 2011 and got the audit. After sumbitting the audit, it got denied in 2012. And then my employer applied for appeal and based on the labor pending status, I got my 7-th year H1-B extension in Dec-2012. In Dec-2012, request has been sent to withdraw the appeal, so that new labor application can be filed. After 3 weeks of the withdrawl request, the labor dept dismissed the labor appeal and then send the "order of dismissal" letter to me this week.(it is also mentionedin the letter that they send the same hard copy letter to law firm and my employer & others). I mentioned abothe this to my employer and asking them to file for a new PERM., but they are saying that "You are not supposed to get this appeal withdrawal letter and even employer & law firm didn't get this letter so far. Obviously I got the letter from Labor dept and they clearly mentioned the recievers list in the letter.(that includes employer,law firm and myself) I am totally confused, why my employer is saying like that? Is it not common to get letter from labor dept to alien after the appeal withdrawal from employer ? I am already in my 7-th year of H1-B and want to go with second PERM filing with out any delay. Can any one please advise on the appeal withdrawal letter. Thanks in advance.
Attorney_11 Posted February 6, 2013 Report Posted February 6, 2013 It is rare that an employer and authorized representative like a lawyer does not receive correspondence from a government entity when it relates to a PERM, but it is possible. It may be advisable to provide the lawyer and the employer with a copy of the letter so that they can analyze it, confirm it and then proceed with appropriate action.
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